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RAMESH SINHA, N. K. CHANDRAVANSHI
Virendra Chourasia S/o. Late Shri Nanku Prasad Chourasia – Appellant
Versus
State of Chhattisgarh, Through the Secretary, Home Department – Respondent
Headnote: Read headnote
ORDER :
Ramesh Sinha, J.
1. The petitioners have prayed for the following reliefs in this petition :
10.2 To issue an appropriate writ or order and declare that the FIR dated 04.07.2021 (Annexure P/1) is illegal, bad in law.
10.3 To issue an appropriate writ or order and quash the FIR dated 04.07.2021 (Annexure P/1).
10.4 Any other relief deemed fit in the facts and circumstances of the case may also be granted.”
2. The facts, in brief, as projected by the petitioners are that they are resident of Ambikapur, District Surguja and the petitioner No. 1 is the owner of Chourasia Marriage Garden situated at Ring Road, Ambikapur. Petitioner No. 2 is the father of Harsh Sahu and petitioner No. 3 is the father of Vaishali Sahu. The marriage of Harsh Sahu and Vaishali Sahu was solemnized and the marriage
Cognizance of an offence under Section 188 IPC requires a written complaint by a public servant; FIRs based solely on police reports are prohibited and rendered void.
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
The absence of a written complaint from a public servant invalidates the cognizance of offences under Section 188 IPC, and police investigations into non-cognizable offences require prior magistrate ....
The mandatory nature of Section 195 Cr.P.C. and the requirement of a complaint in writing by the public servant concerned for initiating proceedings under Section 188 of the Indian Penal Code.
The central legal point established in the judgment is the mandatory compliance with legal provisions, the requirement for evidence to support charges, and the need for proper service through the Emb....
The investigation of non-cognizable offences without the order of a Magistrate is illegal and cannot be cured. The impugned FIR must disclose a cognizable offence to justify an investigation by the p....
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